English Abstract
Study Summary:
This comparative study discusses the general theory of offenses against the family. It is based on a comparative analytical approach, in addition to the historical approach; the comparison is focused between the legislation of France, Egypt and Bahrain. This study is divided into two chapters, each including four sections, preceded by an introduction in which we touch on interest in the family in ancient legal systems and divine laws. The first chapter handles the theoretical framework of offenses against the family in comparative legislation through four sections in which we discuss: the nature of the family, the legal basis for the protection provided for it, the forms of that protection and the effect of family ties on criminalization and punishment, ending with the apparent individuality of offenses against the family.
As for the second chapter of the study, it covers the practical aspect of offenses against the family through four sections: the application controls for offenses against the family, the scope of application, the criminal procedures for offenses against the family, and the criminal penalty for offenses against the family.
The study demonstrates that the family has received attention from ancient legal systems and divine laws since the dawn of history. This extends to contemporary legislation, which provides it with legal protection by criminalizing acts that constitute an infringement upon it. This was the case with comparative legislation, including Bahraini legislation, considering the protected interest represented by the legislator's efforts to preserve the family and the integrity of its entity and structure, ensuring its stability. Moreover, comparative legislation did not neglect the basis of legal protection by establishing marriage and childbirth as the basis for forming a family.
The study also reveals that family ties have a significant impact on the legislator's policy in terms of criminalization and punishment. Offenses against the family possess an individual identity separate from other crimes included in the Penal Code. Offenses against the family also share a number of common characteristics and denominators.
Furthermore, the study addresses the practical aspect of offenses against the family. The legislator had created some controls specific to offenses against the family, whether regarding the crime or the perpetrator; these controls guide the judge in the application. They are also reflected in the application of the Penal Code and the Code of Criminal Procedure, as well as in the punitive treatment of perpetrators. At the end of the study, we present a number of conclusions and recommendations that we hope Bahraini legislators will take into account as much as possible.
